New Delhi: The CBI’s petition is to be heard in the Delhi High Court on Monday. INX Media corruption case involved Congress Leader P Chidambaram and his son Karti.
The CBI has challenged the trial court’s order directing the agency to allow the accused and their counsel to inspect the documents kept in the ‘malkhana’ (the room in which the assets of the case are kept).
The petition has been listed for hearing before Justice Mukta Gupta.
On May 18, the High Court had stayed the proceedings in the case involving Chidambaram and his son Karti.
It had also issued notice and sought response from Chidambaram and others on the CBI’s plea.
CBI has sought quashing of the Special Judge’s order dated March 5, 2021 to the extent that it had directed CBI to allow inspection of documents kept in Malkhana by the defendants/accused/their counsel.
Besides this, the CBI has also sought to set aside the observations in the order, stating that the agency is required to file or produce before the court all the documents collected by it during the investigation.
The trial court had also held that the accused are entitled to copies of such documents or inspections, whether or not the CBI is relying on them.
The CBI had registered its case on May 15, 2017 alleging irregularities in the Foreign Investment Promotion Board’s clearance to INX Media Group for receiving foreign funds to the tune of Rs 305 crore in 2007 during Chidambaram’s tenure as Finance Minister. .
After that, Ed A case of money laundering was registered.
The CBI had said that the case involved high level of corruption with cascading ramifications on the society and while the accused have the right to a fair trial, the collective interest of the society cannot be affected.
“A fair trial is not what the accused wants in the name of fair trial, but he should get final justice. However, the right of fair trial of the defendants/accused was not violated, as all the documents relied upon by the petitioner-CBI were provided to the defendants/accused.
It states that it is not correct that the right to a fair trial is not the sole absolute, as it is supposed to be, from the point of view of the accused and it also falls within its ambit and extends to the rights of the society at large.
The agency has argued that the essence of the trial is to find out the truth to which the court cannot assist the accused in seeking a credible defence.
“It is against all principles of fair trial and due process of law. It is a fundamental principle of criminal law that although it is the duty of the prosecution to prove its case, the accused is either presumed to have made a true statement before the court or to remain silent.
“An accused cannot make a false and fictitious defense after examination of the documents. A false defense is a situation which leads to the conviction of the accused,” the CBI said in its plea.
It has alleged that the trial court’s order shows infiltration in the investigation process of CBI which is not permissible in law and the special judge ignored the fact that further investigation is going on in the present case and if the accused persons are allowed to inspect the documents. If available in Malkhana, it will affect the investigation and there is every possibility that they may tamper with the evidence available.
“Privacy is a pre-requisite for investigation of any crime. The secrecy and isolation of the investigating agency and its investigation from leaks and disclosures at all levels must be ensured”, it has said.
It said this would affect the power of the CBI to investigate and investigate allegations of massive economic fraud and corruption at the highest level, which would have national and international ramifications.
“One cannot see that the defendants/accused are highly influential people having vast resources, which can be gleaned from the fact that during the arguments, the defendants/accused were referred and their applications, quotes/pages of the relevant rules of the CBI Offenses Rules 2020, though it is a restricted document and meant for internal circulation within the CBI,” it has said.
Seeking quashing of the trial court’s order, the agency has said that if the documents and records which were allowed to be inspected by the accused are not protected, the legitimate purpose will be irreparably damaged.
It has said that out of the 14 accused, only Karti had prayed for inspection of Malkhana documents, however, the trial court erroneously allowed all the accused to inspect it and by granting relief had exceeded the judicial powers, for which Prayer was not done.
“Further, all the respondents/accused did not make preferred applications under section 207 CrPC, however, all of them were directed to supply the documents and at the same time, all were also allowed inspection,” it said. Is.
NS Chidambarams He is already out on bail in the case.
The court had earlier granted interim bail to the other accused on a personal bond of Rs 2 lakh and one surety of like amount.
Chidambaram was detained on August 21, 2019, when he was arrested central bureau (CBI) in the INX Media corruption case.
On 16 October 2019, the ED had arrested him in a separate money laundering case.
Six days later, on 22 October 2019, the apex court had granted him bail in the case registered by the CBI.
On December 4, 2019, after 105 days in custody, Chidambaram was granted bail by Supreme court In the money laundering case registered by ED.
The CBI has challenged the trial court’s order directing the agency to allow the accused and their counsel to inspect the documents kept in the ‘malkhana’ (the room in which the assets of the case are kept).
The petition has been listed for hearing before Justice Mukta Gupta.
On May 18, the High Court had stayed the proceedings in the case involving Chidambaram and his son Karti.
It had also issued notice and sought response from Chidambaram and others on the CBI’s plea.
CBI has sought quashing of the Special Judge’s order dated March 5, 2021 to the extent that it had directed CBI to allow inspection of documents kept in Malkhana by the defendants/accused/their counsel.
Besides this, the CBI has also sought to set aside the observations in the order, stating that the agency is required to file or produce before the court all the documents collected by it during the investigation.
The trial court had also held that the accused are entitled to copies of such documents or inspections, whether or not the CBI is relying on them.
The CBI had registered its case on May 15, 2017 alleging irregularities in the Foreign Investment Promotion Board’s clearance to INX Media Group for receiving foreign funds to the tune of Rs 305 crore in 2007 during Chidambaram’s tenure as Finance Minister. .
After that, Ed A case of money laundering was registered.
The CBI had said that the case involved high level of corruption with cascading ramifications on the society and while the accused have the right to a fair trial, the collective interest of the society cannot be affected.
“A fair trial is not what the accused wants in the name of fair trial, but he should get final justice. However, the right of fair trial of the defendants/accused was not violated, as all the documents relied upon by the petitioner-CBI were provided to the defendants/accused.
It states that it is not correct that the right to a fair trial is not the sole absolute, as it is supposed to be, from the point of view of the accused and it also falls within its ambit and extends to the rights of the society at large.
The agency has argued that the essence of the trial is to find out the truth to which the court cannot assist the accused in seeking a credible defence.
“It is against all principles of fair trial and due process of law. It is a fundamental principle of criminal law that although it is the duty of the prosecution to prove its case, the accused is either presumed to have made a true statement before the court or to remain silent.
“An accused cannot make a false and fictitious defense after examination of the documents. A false defense is a situation which leads to the conviction of the accused,” the CBI said in its plea.
It has alleged that the trial court’s order shows infiltration in the investigation process of CBI which is not permissible in law and the special judge ignored the fact that further investigation is going on in the present case and if the accused persons are allowed to inspect the documents. If available in Malkhana, it will affect the investigation and there is every possibility that they may tamper with the evidence available.
“Privacy is a pre-requisite for investigation of any crime. The secrecy and isolation of the investigating agency and its investigation from leaks and disclosures at all levels must be ensured”, it has said.
It said this would affect the power of the CBI to investigate and investigate allegations of massive economic fraud and corruption at the highest level, which would have national and international ramifications.
“One cannot see that the defendants/accused are highly influential people having vast resources, which can be gleaned from the fact that during the arguments, the defendants/accused were referred and their applications, quotes/pages of the relevant rules of the CBI Offenses Rules 2020, though it is a restricted document and meant for internal circulation within the CBI,” it has said.
Seeking quashing of the trial court’s order, the agency has said that if the documents and records which were allowed to be inspected by the accused are not protected, the legitimate purpose will be irreparably damaged.
It has said that out of the 14 accused, only Karti had prayed for inspection of Malkhana documents, however, the trial court erroneously allowed all the accused to inspect it and by granting relief had exceeded the judicial powers, for which Prayer was not done.
“Further, all the respondents/accused did not make preferred applications under section 207 CrPC, however, all of them were directed to supply the documents and at the same time, all were also allowed inspection,” it said. Is.
NS Chidambarams He is already out on bail in the case.
The court had earlier granted interim bail to the other accused on a personal bond of Rs 2 lakh and one surety of like amount.
Chidambaram was detained on August 21, 2019, when he was arrested central bureau (CBI) in the INX Media corruption case.
On 16 October 2019, the ED had arrested him in a separate money laundering case.
Six days later, on 22 October 2019, the apex court had granted him bail in the case registered by the CBI.
On December 4, 2019, after 105 days in custody, Chidambaram was granted bail by Supreme court In the money laundering case registered by ED.
.